Ku. Pratibha D/O Madhukar Paralikar (Smt. Pratibha W/O Dilip Pathak) v. State Of Maharashtra Thr. Secretary, Deptt. Of School Education And Sports Mumbai And Others

wp 363.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No. 363/2021 Ku. Pratibha D/o Madhukar Paralikar

...Petitioner

Versus

State of Maharashtra and ors.

...Respondents

Shri I.A. Fidvi h/f. Shri A.M. Sudame, Advocates for the Petitioner Mrs. K.S. Joshi, Incharge GP for the Respondent Nos. 1 to 3 - State CORAM : NITIN JAMDAR AND ANIL S. KILOR, JJ.

DATED : 17 FEBRUARY 2021 P.C.:

On 20 January 2021 following order was passed: "Heard learned Counsel for the Petitioner.

2.

The Petitioner has challenged the passed by the Education Officer (Secondary), Zilla Parishad, Nagpur dated 26 September 2018, holding that the Petitioner is not entitled to any pensionary benefits. 3.

The learned Counsel for the Petitioner submits that the ground given for rejection that the Petitioners' service does not qualify her for pensionary benefits on the ground of lack of requisite duration, is not correct as earlier service is not counted. However, there are no specific pleadings in the petition as from which date to which date the Petitioner worked in the School; Whether the School in which she worked was aided or not. The learned Counsel for the Petitioner seeks leave to amend the petition to include a paragraph with specific details. Necessary amendment be carried out within a period of one week. SMGate

wp 363.2021.odt 4.

After the amendment, issue notice to Respondents, returnable on 17 February 2021. Learned Government Pleader waives notice for Respondent Nos.1 to 3."

2.

For four weeks now no amendment is carried out. It is not possible to keep the Petition pending which does not contain basic facts on which entire relief is founded.

3.

Writ Petition is accordingly disposed of. The Petitioner may file a fresh Petition pleading all the relevant particulars. [ANIL S. KILOR, J.] [NITIN JAMDAR, J.] SMGate